Loading...
HomeMy WebLinkAboutcc min 1999/05/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA MAY 4, 1999 4:00 P.M. CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:13 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. I. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Horton. None City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES of April 13. 1999. April 20, 1999, and April 27, 1999 (Regular Meetings of the City Council) and April 20, 1999 (Joint Meeting of the Redevelopmerit Agency and the City Council). ACTION: Councilmember Moot moved to approve the minutes as submitted. Mayor Pro Tern Salas seconded the motion, and it carried 5-0. 4. SPECIAL ORDERS OF THE DAY A. Employee Recognition Award of the Month - Cheryl Crutcher, Senior Payroll Technician, Finance Department. Finance Director Powell introduced Ms. Crutcher, and Mayor Horton presented a proclamation. B. Proclaiming the week of May I through May 8, 1999 as "Youth Week." Mayor Hogon read the proclamation, and Mayor Pro Tern Salas presented it to Ken Locke. Exalted Ruler of Chula Vista Elks #2011, and Garry Hummel, Youth Activities Chairman. C. Proclaiming the month of May as "Older Americans Month" and the week of May 16 - 22. 1999 as "Senior Center Awareness Week." Mayor Horton read the proclamation, and Mayor Pro Tem Salas presented it to Will Brown. representing the Chula Vista Senior Citizens Club. D. Joe Amaro. Director of the Miss Chula Vista Pageant, will introduce Miss Chula Vista, Anika Dominguez, First Princess Claudia Gongora, Second Princess Jennifer Rowell, and Miss Congeniality Lillianna Montijo. Mr. Amaro was not present, and the introductions will be scheduled for a future meeting. SPECIAL ORDERS OF THE DAY (Continued) E. Update on Port Matters by Port Commissioner David Malcolm. Mr. Malcolm could not be present, and the update will be presented at a future meeting. CONSENT CALENDAR (Items 5 and 6) 5. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that, to the best of his knowledge from observance of actions taken in Closed Session on April 27, 1999, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 6.A. RESOLUTION 19445, AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1999/2000~ THE ISSUANCE AND SALE OF A 1999/2000 TAX AND REVENUE ANTICIPATION NOTE THEREFOR, AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM B. RESOLUTION 19446, DIRECTING THE CITY MANAGER TO INCLUDE IN THE FISCAL YEAR 1999/2000 PROPOSED BUDGET APPROPRIATIONS OF $245,000 FOR TAX AND REVENUE ANTICIPATION NOTE PROJECTED INTEREST AND ISSUANCE COSTS AND ESTIMATED INTEREST REVENUES OF $245,000 FROM INVESTMENT OF THE NOTE PROCEEDS In order to address cash shortfa]]s that are projected to occur in the General Fund during Fiscal Year 1999/2000 due to the cyclical nature of some of our major revenue sources, it is recommended that the City again take advantage of the opportunity to borrow money on a short-term basis at the lowest cost by issuing a Tax and Revenue Anticipation Note through the pooled financing program sponsored by the League of California Cities. As has been done during the last three fiscal years, such a borrowing is recommended as an alternative to borrowing from other City funds. Staff recommendation: Council adopt the resolution. (Director of Finance) ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Ms. Carolyn Butler, 97 Bishop Street, asked the Council to develop the City slowly and wisely to avoid losing its current beauty. She also questioned the purchase of land on Otay Mesa. Ms. Joan Wisser, 834 Lori Lane, expressed concern about alleviating the "mini freeway" near Lori Lane because it has created a traffic hazard and about the availability of water sources with the increasing development occurring in eastern Chula Vista. Page 2 05/04/99 PUBLIC HEARlNGS AND RELATED RESOLUTIONS AND ORDINANCES PUBLIC HEARING ON CONSIDERING AMENDMENT TO THE MASTER FEE SCHEDULE TO ADJU ST EXI STING ANIMAL CONTROL FEES AND ADD NEW FEES (CONTINUED FROM APRIL 20, 1999) Staff recommendation: The public hearing be continued to May 18, 1999. (Chief of Police) Notice of the hearing was given in accordance with legal requirements, and the heating was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response. ACTION: Councilmember Padilia moved to continue the hearing to May 18, 1999. Councilnqember Davis seconded the motion, and it carried 5-0. PUBLIC HEARING TO CONSIDER ADDING SECTIONS 9.16.021 THROUGH 9.16.026 TO THE MUNICIPAL CODE RELATED TO SALES OF PRODUCTS CONTAINING EPHEDRINE ORDINANCE 2779, ADDING SECTIONS 9.16.021 THROUGH 9.16.026 TO THE MUNICIPAL CODE RELATING TO SALES OF PRODUCTS CONTAINING EPHEDRINE (FIRST READ1NG) The San Diego region has identified a dangerous trend emerging in the production of methamphetamine. Ephedrine is used as a key precursor chemical in the production of methamphetamine. Manufacturers of methamphetamine frequently purchase over-the-counter medications containing ephedrine in large quantities. Due to the significant impact of methamphetamine use in southern California, the City of San Diego, along with other communities such as Chino and San Bernardino County, have adopted ordinances to curb the availability of ephedrine. Adding an effective ordinance to the Municipal Code prevents the sale of excessive amounts of over-the-counter products containing ephedrine. Staff recommendation: Council place the ordinance on first reading. (Chief of Police) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Honon opened the public hearing and asked what over-the-counter products contain ephedrine. Captain Miranda replied that ephedrine is contained in such items as cough and asthma medications. Councilmember Padilia commented that while he supported the ordinance in concept, he was concerned with the practical aspects of enforcement and also that an individual could go to multiple purchase points to obtain quantities of the medications. He felt that there should be a more comprehensive approach for database tracking of these purchases by law enforcement intelligence. Captain Miranda responded that bulk purchases of ephedrine are tracked, and law enforcement is addressing the ephedrine problem on multiple levels. He stated that this ordinance is designed to limit opportunities and make it inconvenient to purchase over-the-counter products which contain ephedrine. Page3 05/04/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) Councilmember Davis expressed concern that the ordinance would place an undue burden on businesses. which would be required to track purchases or risk being in violation of the ordinance. Captain Miranda replied a business would have to knowingly sell the larger quantifies of the products to be in violation. Mayor Horton stated that it would be difficult to keep records of purchases in the larger drug stores due to the volume of customers. She also commented that the business community needs to be educated about the ordinance, and the City needs to send notices to inform business owners. Councilmember Moot pointed out that a business would knowingly have to sell the products repeatedly to the same person to be in violation of the ordinance. He expressed support for the ordinance, which would provide a method to deny sales and a tool for enforcement by the Police Department. Mayor Pro Tem Salas expressed support for the ordinance, since it would make it difficult for a person to purchase mass quantities of ephedrine products. Mayor Horton asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Councilmember Padilia offered Ordinance #2779, heading read, text waived. The motion carried 4-1, with Councilmember Davis opposing. PUBLIC HEARING TO CONSIDER THE MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE Staff recommendation: The public hearing be continued to May 11, 1999. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response. ACTION: Mayor Horton moved to continue this item to May 11, 1999, as recommended by staff Mayor Pro Tem Salas seconded the motion, and it carried 5-0. PUBLIC HEARING TO CONSIDER A TENTATIVE SUBDIVISION MAP KNOWN AS EASTLAKE TRAILS, TRACT 99-03, INVOLVING 749 SlNGLE FAMILY LOTS, FOUR RESIDENTIAL SUPER LOTS, THREE OPEN SPACE LOTS, TWO PUBLIC QUASI- PUBLIC AND THREE PARK LOTS ON 322.8 ACRES LOCATED ON THE EAST SIDE OF HUNTE PARKWAY BETWEEN OTAY LAKES ROAD AND OLYMPIC PARKWAY RESOLUTION 19447, APPROV1NG THE SECOND ADDENDUM TO FSEIR 97-04 (EASTLAKE TRAILS/GREENS REPLANNING PROGRAM), INDEMNIFICATION AGREEMENT, AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS, TRACT 99-03 Page 4 05/04/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS (Continued) The applicant, The EastLake Company, has submitted an application for a Tentative Subdivision Map known as EastLake Trails, Tract 99-03, in order to subdivide and develop 322.8 acres east of Hunte Parkway, between Otay Lakes Road and the future alignment of Olympic Parkway. The Tentative Subdivision Map consists of 749 single family lots, 4 super lots with capacity for 394 dwelling units, 3 open space lots, a 31 -acre community park, open space area, 10-acre school site, 4.5-acre Community Purpose Facilities site and several specialty lots (i.e. slopes and landscape buffer areas). Staff recommendation: Council adopt the resolution. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton asked if the Planning Commission had any problems with the tentative subdivision map. Planning Commission Chair Willet responded that the Commission unanimously approved the map. Mayor Hotton expressed concern about the poor design of the high density, multi-family areas where it is difficult for cars to get in and out. She asked that staff be cognizant to prevent this in the future. Planning Director Leiter stated that his department is reviewing and refining standards for small-lot products. Councilmember Moot stated that he was uncomfortable that 40% of the proposed lots were 4500 square feet or less, which would provide a crowded development not in keeping with the village concept design. Councilmember Padilia stated that the single-family detached product would provide entry level housing, and future planning efforts should reflect a diversity in Chula Vista's housing stock. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Bill Osterman, EastLake Development Company, stated that 600 lots are at least 5,000 square feet in the low and medium price range of homes. John Willett, Planning Commission Chair, stated that the Planning Commission shared Councilmember Moot's concerns, investigated the issues, and found all conditions to be workable. He was satisfied that the requirements had been met. Carolyn Butler, 97 Bishop Avenue, expressed concerns about Phase 1 and the narrow lots and driveways. Joan Wisser, 834 Lori Lane, expressed concern about entry-level multiple dwelling units and the narrow roads. There being no additional speakers, Mayor Horton closed the public hearing. Councilmember Davis spoke in support of the project, which she felt would encourage homeownership. Page 5 05/04/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS (Continued) Mayor Pro Tem Salas suggested that there should be a study on the effects of high density living, and she expressed concern that those areas could turn into rental areas. Councilmember Moot questioned the cumulative effect of so many small lot products in one subdivision but expressed faith that Planning Department staff would review and resolve any issues. Mayor Horton stated that the impacts and effects need to be closely monitored in future planning. She also indicated that when EastLake presents its low density proposal on the land adjacent to this project, it should offer a balance to the high density housing. Planning Director Leiter stated that the design solutions for small lot developments will be reviewed by the Planning Department, and a report will be brought back to Council for further comment and direction. ACTION: Mayor Horton offered Resolution #19447, heading read, text waived. The motion carried 5-0. 9. PUBLlC HEAR1NG PCS-96-04A TO CONSIDER A TENTATIVE SUBDIVISION MAP REVISION SUBDIVIDING PHASE SEVEN (PURPLE PHASE) IN VILLAGE ONE OF OTAY RANCH, SECTIONAL PLANN1NG AREA (SPA ONE) INTO 447 LOTS - APPLICANT: THE OTAY RANCH COMPANY RESOLUTION 19448, APPROVING A TENTATIVE SUBDIVISION MAP REVISION FOR PHASE SEVEN (PURPLE PHASE) lN VILLAGE ONE OF THE OTAY RANCH SPECIFIC PLANNING AREA ONE PLAN, TRACT 96-04A The Planning Commission held a public hearing on April 14, 1999 and voted 7-0 to adopt a resolution recommending that Council approve the Phase Seven Tentative Subdivision Map, and adopt a resolution recommending that Council approve an amendment to the Otay Ranch Phase Two Resource Management Plan. Staff recommendation: Council adopt the resolution. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Kent Arden, Otay Ranch Company, spoke in support of staff recommendations. Carolyn Butler, 97 Bishop Street, expressed concern about armed guards. There being no further comments, Mayor Horton closed the hearing. ACTION: Mayor Horton offered Resolution #19448, heading read, text waived. The motion carried 5-0. Page 6 05/04/99 ACTION ITEMS 12.A. RESOLUTION 19449, APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 1999/2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM BUDGETS AND AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) RESOLUTION 19450, AUTHORIZING REALLOCATION OF $269,876 FROM PRIOR YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO INCORPORATE IN THE FISCAL YEAR 1999/2000 ENTITLEMENT RECEIVED FROM HUD (4/5TH'S VOTE REQUIRED) Council held a public hearing on April 13, 1999 to review and receive public comment on projects and programs being considered for CDBG and HOME funding. The City is eligible to receive $2,020,000 in CDBG entitlement funds from HUD for 1999/2000. In addition to the HUD entitlement, staff has identified $269,876 in prior year CDBG funds that are eligible to receive $843,000 in HOME funds from HUD. Combining both CDBG and HOME entitlements, the City will be able to invest into the community a grand total of $3,132,876 for 1999/2000. Staff recommendation: Council adopt the resolution. (DirectorofCommunityDevelopment) ACTION: Mayor Horton offered Resolutions #19449 and # 19450, headings read, texts waived. The motion carried 5-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS There were none. 14. MAYOR'S REPORTS Mayor Horton moved to ratify the appointment of John McCann to the Housing Advisory Commission Councilmember Davis seconded the motion, and it carried Mayor Hotton thanked Community Development Director Salomone and his staff for an efficient CDBG process. 15. COUNCIL COMMENTS Mayor Pro Tem Salas and Councilmember Davis commented on the success of the Cinco de Mayo celebration held in downtown Chula Vista on May 2nd, and Councilmember Padilia congratulated the Downtown Business Association on its successful event. Page 7 05/04/99 CLOSED SESSIONS 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNNMENT CODE SECTION 54956.9(c) - INITIATION OF LITIGATION One potential case. This item was not discussed. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECT1ON 54956.8 Property: Negotiating Parties: Under Negotiation: Approximately 7 acres located on Bonita Road adjacent to the Chula Vista Municipal Golf Course City of Chula Vista (Chris Salomone) and Diamond Development Company Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property. ACTION: Instructions were given to the negotiator. ADJOURNMENT At 7:40 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of May 11, 1999, at 6:00 p.m. in the Council Chambers. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 8 05/04/99